Kavanagh v. . Barber
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 23,1891, which affirmed a judgment in favor of plaintiff entered upon a verdict. This was an action to recover damages alleged to have been sustained by plaintiff by reason of an alleged nuisance created by defendant in operating a factory for the manufacture of asphalt for paving purposes.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 23,1891, which affirmed a judgment in favor of plaintiff entered upon a verdict. This was an action to recover damages alleged to have been sustained by plaintiff by reason of an alleged nuisance created by defendant in operating a factory for the manufacture of asphalt for paving purposes. The facts, so far as material, are stated, in the opinion. The title to the real estate being in the wife, the possession of the same is also in the wife. (Martin v. Rector,…
1Opinion of the CourtAndrews, J.
The trial judge instructed the jury that if they found that the vapors arising from the manufactory of the defendant constituted a nuisance, the plaintiff was entitled to recover to the extent of the damages sustained by him in the diminished enjoyment of the premises he occupied. The evidence justified a finding that the fumes arising from the asphalt penetrated the house and subjected the plaintiff and his family to great annoyance and discomfort. The air of the neighborhood was tainted with the odor, and there is some evidence that the plaintiff’s wife and daughter became ill in…
2Cases cited3 opinions
- Francis v. . SchoellkopfNew York Court of Appeals · 1873
- Mills v. HallNew York Supreme Court · 1832
- Martin v. . RectorNew York Court of Appeals · 1886
3Cited by30 opinions
- Ackerman v. . TrueNew York Court of Appeals · 1903
- Metz v. City of AshevilleSupreme Court of North Carolina · 1909
- Broxmeyer v. United Capital Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Hughes v. . City of AuburnNew York Court of Appeals · 1899
- Turner v. CoppolaNew York Supreme Court · 1980
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